How to Change a Name After a Separation

You can legally change your name following a separation in all 50 states.

Changing your name is your legal right in all 50 United States. You can change your name for reasons such as separation, divorce, wanting a new name, to take a partner's name or any other reason you choose as long as certain conditions are met. Requirements for changing your name vary by state but the general rules are you must not be changing to the name to someone who is famous, the name must not be racist or hateful in nature, and the name must not be being changed to avoid creditors or legal issues. Some states will not allow a name change for anyone convicted of a felony.

Instructions

1. Locate the clerk of courts office in your county. Call the office and ask for the options of getting the name change form. Although many states have websites allowing you to download the name change form, others will require you to visit the office in person to pick up the required forms. In rare instances, you may have the option of having the forms mailed to your address. Be sure to ask for instructions on the name change process.

2. Complete the paperwork. Most states will require you to list your current name, the name you are requesting and the reason for the request. Write that you have separated from your spouse or partner and wish to take a new name. Have the form notarized if this is required.

3. Return the paperwork to your county clerk of court office. Pay any required fee. Ask the clerk of the court if you will be given a court date or if the judge approves name change requests without a hearing.

4. Post your name change through an advertisement in your local newspaper as requested by the court. Many courts require you to post the name change for three weeks and return proof to the court before the name change will be granted.

5. Attend a hearing if it is required. The judge may confirm you are requesting the name change and sign the order. Hearings for name changes are generally very brief.

Tips & Warnings

• Get copies of your name change order to provide to the Social Security and driver's license office.

• Some states allow you to use any name for any purpose during a process called "Common Use." This, however, will not allow you to change your name legally for purposes such as your Social Security number or driver's license.

References

• The Law: How to File a Legal Name Change
• TS Roadmap: Legal Name Change Project
• NOLO: Name Change FAQ

Resources

• New Last Name: The Free Name Change Guide